Freedom to Operate (FTO) Search


Freedom to Operate searches (also called Clearance Search or Right to Use Search) identify potential patent barriers to the commercialization of products or technologies or services. Freedom to Operate (FTO) search is done to determine if we have complete freedom to operate. Meaning, to determine the risks of infringement of patents in a particular region/country so that one can take a particular action, like launching, developing or producing a product or service, without infringing the IP rights of others. Freedom to Operate search should be carried out in the initial stage of product/ service development, so that the inventor do not incur huge cost in developing product which violates the infringing rights.

Embros IP will identify published applications and unexpired patents that could possibly indicate a risk of infringing upon an already disclosed invention, product or process. Our search will also help our clients determine if the product or service they are pursuing is in the public domain. At Embros IP, region country-specific comprehensive FTO searches are conducted by technical experts having extensive patent search experience along with various patent search strategies,wherein pending patent applications as well as granted patents are analyzed. An FTO opinion detailing on IP rights, IP law relating to a particular jurisdiction, expiry dates of the patents and assessing how the patented claims might be invalid is rendered to our clients.

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